copyright law

Next week, the U.S. Supreme Court will take up the copyright dispute between broadcast TV companies and Aereo, an Internet startup that streams broadcast programming online. Broadcasters have a Plan B if Aereo wins, The Wall Street Journal reports: "Plan B options under consideration range from lobbying Congress for a legislative solution to perhaps thwarting Aereo by shifting to cable transmission from broadcast. The most radical of the contingency plans is the recent suggestion from CBS Corp. CBS -0.08% Chief Executive Leslie Moonves that the company could offer its own Internet service if Aereo wins."

The U.S. Supreme Court will hear a case next month that could shape the future of broadcast TV and the contours of copyright law. Aereo, an Internet start-up that streams free broadcast TV over the Internet, argues that a ruling against it would "cripple the entire cloud industry," The Hill reports. Broadcasters argue the streaming services violates their copyrights in their programming.

TV broadcasters have gained an ally in the federal government in a U.S. Supreme Court case that could reshape the contours of copyright law and broadcast TV. Re/code reports that the Justice Department filed an amicus brief in which they argued that Aereo's transmission of free broadcast TV programming over the Internet violates copyright law. But the governmental lawyers said a ruling against Aereo wouldn't threaten technologies like cloud computing when involving the remote storage and streaming of legally acquired copies of copyrighted works, Re/code further reports.

Re/code reports that the four biggest television networks told the U.S. Supreme Court in their brief filed Monday that "Aereo, which provides broadcast TV shows to subscribers over the Internet without paying licensing fees to stations, is violating federal copyright law designed to protect content creators and distributors. Aereo has denied violating broadcasters’ copyrights through its unique  online delivery system, although the company joined broadcasters in asking the Supreme Court to review the case."

According to their brief, the networks said a win for Aereo would "'launch a race by cable and sattelite companies to develop competing methods to capture copyrighted content and re-sell it without paying for the right do so. That would give broadcasters little choice but to reconsider the quality and quantity of programs they broadcast for free over the air.'"

The New York Times reports on the copyright issues photographers face: "Technological advances, shifting artistic values and dizzying spikes in art prices have turned the world of visual arts into a boxing ring for intellectual-property rights disputes. Photographers, in particular, are complaining not only that their work is being stolen by other artists, but also that their ability to create new work related to their originals is also being compromised." At issue is whether fair use protects must of that alleged infringement. Mickey H. Osterreicher, general counsel for the National Press Photographers, told the Times they would like to see a small-claims copyright board created by Congress to resolve the bulk of disputes, most of which are in the range of a few hundred dollars. But Osterreicher also said that a legislative fix isn't likely anytime soon.

The Associated Press reports that a Utah judge has blocked Aereo from operating in some Western states until the U.S. Supreme Court takes up on April 22 a case over whether the Internet streaming service violates broadcasters' copyrights. The district judge said that Aereo's retransmission of signals is indistinguishable from what cable companies do, and letting Aereo stay in business would "damage broadcasters’ ability to negotiate with legitimate licensees, siphon viewers away from their websites and subject them to potential piracy," the AP also reports.

While the U.S. Supreme Court case over Internet streaming service Aereo's business model is pending, broadcaster Fox is seeking a preliminary junction against Aereo in the 10th Circuit, Multichannel News reports. A Utah district court will hear the request to enjoin Aereo in the six states over which the 10th Circuit has jurisdiction.

Gigaom's Jeff John Roberts wrote this week about the problems plaguing copyright law: "Copyright law is broken and the debate over how to fix it is dominated by extremists: those who support Hollywood hardliners on one hand, and those who defend the likes of Kim Dotcom on the other. The way forward lies somewhere in the middle and, if lawmakers can find it, they could create a system that provides more money and respect for creators while also ensuring that the next generation of BuzzFeeds or YouTubes can flourish." One solution, Roberts proposes is shorter copyright terms: "The best place to start is with shorter copyright terms. In early America, creators were able to protect their works for a 14 year term that could be renewed one time. Such a limit sounds about right for today when art is created, distributed and forgotten faster than ever before. Shorter terms might also make it easier for artists to persuade internet users to pay them in the first place."

The New Jersey Law Journal reports on two issues of first impression the Third Circuit reached in a copyright case:

* one, courts don't have the power to cancel copyright registrations; 

* two,  the three-year statute of limiations for copyright infringement claims do not start to run for alleged joint authors of copyrighted works "until a claimant is alerted to the potential violation of his or rights through a co-author's express repudiation."
 

The Boston Business Journal reports that the U.S. Supreme Court has taken up the broadcasters' iteration of the legal issues in a lawsuit over whether Internet upstart Aereo's transmission of free broadcast TV through its Internet streaming services is copyright infringement. The issue, as drafted by the broadcasters, is being framed as "whether a company 'publicly performs' a copyrighted television program when it retransmits a broadcast of that program to thousands of paid subscribers over the Internet."

Aereo framed the issue as "whether Aereo 'perform[s] publicly,' under Sections 101 and 106 of the Copyright Act, by supplying remote equipment that allows a consumer to tune an individual, remotely located antenna to a publicly accessible, over-the-air broadcast television signal, use a remote digital video recorder to make a personal recording from that signal, and then watch that recording."